Our infringement alerts explained
What does it tell you?
The infringement alert contains two columns. The left one describes your trademark, the right one the trademark found by our watch service. Below this are some relevant details. Please note the opposition date. If you would like to object to the reported mark, please notify us well before this date.
The infringement alert presents our initial advice. We work with a traffic light:
Probable infringement
Possible infringement
For your information
If you are unsure about whether or not you should object to the reported trademark or in the event you wish us to investigate the trademark in detail, please contact us, preferably by email, and mention the reported trademark.
Please note that our final advice may differ from the initial advice. There may be additional circumstances that affect your legal position.
Various trademarks
The infringement alert may refer to any of the following trademarks:
Benelux (a trademark registered solely for the Benelux).
European Union (a trademark registered for the European Union, including the Benelux).
International (a trademark registered via the International registration system. This trademark may cover various countries including the Benelux (BX) and the European Union (EM)).
National trademark (a trademark registered in a particular country).
If you include your trademarks in our trade name watching, we will check for trade names as well. A trade name is a company name registered with the Chamber of Commerce in the Netherlands.
Infringement criteria
Based on a trademark right the owner of this right can, in principle, undertake action against the use and registration of an identical or similar trademark, which is used/filed for identical or similar products or services, in the event that a likelihood of confusion exists. Other grounds for infringement also exist, but are less common.
If you are in doubt, or if you would like our advice on your legal position, we will be happy to help you. We will investigate aspects such as the similarities between the trademarks and goods as well as the prior rights you may base your objection on.
How can you oppose?
In most European countries, including the Benelux countries, you may object to the registration of a trademark by filing an opposition (an official complaint). This opposition will be submitted to the trademarks office in question. Where possible, the opposition date is printed on the first page of the infringement alert. Please note that opposition proceedings must be initiated before the opposition date specified. It is essential therefore to take action promptly!
In countries where the law does not offer an opposition procedure, objections can be made by sending a so-called ‘cease and desist letter’ to the applicant. We may advise you to send a cease and desist letter prior to starting the opposition proceedings. If you are concerned about a potential infringement or if you would like to obtain advice about the infringement alert, please contact us and we will explore the various options and strategy with you.
The countries in the European Union are: Belgium, Denmark, Germany, Finland, France, Greece, Ireland, Italy, Luxemburg, the Netherlands, Austria, Portugal, Spain, Sweden, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuanian, Malta, Poland, Slovakia, Slovenia, Romania, Croatia and Bulgaria.
Do you have any questions? We will be happy to help you.